Are You Entitled to a Settlement From Gogo?

T he Eastern District of New York of the United States District Court has authorized a notice in which you may be entitled to benefits from a class action settlement if you purchased Internet service from Gogo LLC during a flight due to a lawsuit, which generally claims that Gogo improperly enrolled customers in a plan and recurrently charged their credit cards without obtaining proper authorization from or providing proper disclosure to the customers.

Specifically, the lawsuit claims that customers purchased in-flight Internet service from Gogo, believing that they would only be charged for one month of service; but that Gogo continued to charge customers monthly for the service even though customers did not use the service after the month in which it was purchased and did not know they would be charged monthly for the service.

Gogo has denied all of these claims and maintains that they did not act wrongfully or unlawfully.

The judge in the aforementioned court still has yet to decide whether to approve this settlement. If it does — and after any appeals are resolved — benefits will be distributed to those who qualify.

Are You Entitled to a Settlement From Gogo?

The lawsuit — first commenced on February 25, 2014 — claims that Gogo enrolled customers in a plan which charged their credit cards monthly without obtaining proper authorization from or providing proper disclosure to customers.

Your legal rights are affected whether you act or do not act; and your options are shown in the chart below.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT		DEADLINE
SUBMIT A CLAIM FORM	The only way to get a benefit from this settlement. You must timely submit a valid Claim Form. You can submit a Claim Form by printing it out, completing it and sending it by mail to the address specified, or by completing and submitting the Claim Form electronically here.	Deadline to Submit a Claim Form: August 4, 2016
ASK TO BE EXCLUDED	Receive no benefits from this lawsuit and retain your right to pursue Gogo. If you exclude yourself from this lawsuit, you will not be eligible to receive benefits from this settlement, but you will maintain the right to pursue Gogo for the same or similar legal claims.	Deadline to Exclude Yourself: March 4, 2016
COMMENT OR   OBJECT	Write to the Court about why you like or don’t like the settlement. You may write to the Court indicating why you like or dislike the settlement. You must remain a member of the lawsuit (you cannot ask to be excluded) in order to object to the settlement.	Deadline to Comment or Object: March 4, 2016
DO NOTHING	Get no benefit. Remain bound by this settlement. By doing nothing, you will not recover anything from the class action settlement. You will also be bound by the class action settlement and give up any rights to pursue Gogo separately about the same or similar legal claims.

Eligibility

In order to be eligible to receive compensation under this settlement — and all claims and certifications are subject to verification by the claims administrator — you must be a Class Member and you must:

1. Fully complete and submit to the claims administrator a claim form;
2. Certify under penalty of perjury that you purchased a monthly pass during the Initial Class Period or Supplemental Class Period and used the Gogo service only during the first month of the subscription period;
3. Certify under penalty of perjury that you were unaware of the recurring monthly charges for the monthly pass;
4. Certify under penalty of perjury that you personally paid the recurring monthly pass charges and were not reimbursed those charges by a third party or refunded those charges by

Two Tiers of Class Members

If the settlement is approved and you are a member of an eligible class of the settlement, do not get too excited: you will be provided passes which will permit you to access Internet service operated by Gogo. The number of passes distributed to you will depend on when the service by Gogo was purchased — as well as for how many months your credit card was charged for the service.

There are two tiers of class members — some of whom may be eligible for relief as a part of both tiers.

• Tier One is called the “Initial Class” or “Initial Class Members.” Initial Class Members include all Gogo Customers who — between Thursday, April 1, 2010 and Monday, December 31, 2012 — subscribed to a Gogo Monthly Pass and only used the Gogo Service during the first month of their Subscription period.
• Tier Two is called the “Supplemental Class” or “Supplemental Class Members”. Supplemental Class Members include all Gogo Customers who — between Tuesday, January 1, 2013 and Tuesday, March 31, 2015 — subscribed to a Monthly Pass but only used the Gogo Service during the first month of their subscription.

Initial Class Member: Benefits Which You Could Receive

If you are an Initial Class Member and paid for:

• One to four months of unused Gogo service, you will receive one One-Day pass whose retail value is $16.00.
• Five to eight months of unused Gogo service, you will receive four One-Day passes whose total retail value is $64.00.
• Nine or more months of unused Gogo service, you will receive six One-Day passes whose total retail value is $96.00.

Supplemental Class Member: Benefit Which You Could Receive

If you are a Supplemental Class Member and paid for any months of unused Gogo service, you will receive one One-Hour pass whose retail value is five dollars.

Seeking a Larger Recovery

If you do not exclude yourself from the Class and are an Eligible Class Member, the only benefits you could ever recover from Gogo on any claim released in the settlement are described in the above paragraphs. If you believe you are entitled to — or want to seek — a recovery larger than what is described above, you must exclude yourself from the Class by sending a letter or postcard via postal mail stating that you want to be excluded from the settlement in the case of Adam Berkson, et al. v. Gogo LLC and Gogo Inc., Case No. 1:14-cv-01199-JBW-LB, with your request for exclusion postmarked by Friday, March 4, 2016 and addressed to:

Exclusions
Gogo Claims Administrator
c/o Analytics
P.O. Box 2004
Chanhassen, MN 55317-2004

You must also include:

1. Your full name and postal address, and the username and e-mail address associated with the Gogo account;
2. A statement that you do not want to participate in the settlement; and
3. Your signature

Summary

I am not eligible to participate in this settlement should it come about; but as with many class action lawsuits, it appears that the lawyers will profit handsomely; while the plaintiffs and eligible class action members receive compensation of little value — at the most, $96.00.

Regardless, if you are eligible; do not object to the terms of the settlement; and do not want to exclude yourself from it, you may as well attempt to receive what you are entitled if you are willing to take a few moments of your time to fill out and send a claim form.

If you have any questions pertaining to this litigation, it is more likely than not that the answers are found here. If not, here is contact information from which you can request for answers to your questions.